Planning Commission holds public hearing on church property land division

Wednesday

Sep 26, 2012 at 1:00 PM

Tuesday's Planning Commission meeting opened with a public hearing meeting continued from its Aug. 28 meeting concerning a parcel division into two different plots and discussion over installing a ham radio operator tower.

By Jack Barnwelljbarnwell@ridgecrestca.com

Tuesday's Planning Commission meeting opened with a public hearing meeting continued from its Aug. 28 meeting concerning a parcel division into two different plots.The Church of Jesus Christ of Latter-day Saints at the corner of Bataan Avenue and Norma Street has asked that one massive parcel be split into separate parcel lots.The land the church facilities sits on would become a 6.37-acre lot while a piece of undeveloped property adjacent to the church would be spun off into a 5.76-acre lot.The property the land sits on is zoned for estate residential (10,000 square feet minimum). The church operates under a conditional use permit."The church does not want to get into the real estate business," Alexander said. The plan is to sell the land to developers.Under the request to split the two parcels, a right-of-way dedication is needed for Sierra View Road, which goes up to Bataan Avenue.City Planner Matthew Alexander recommended that the plot be split into the 6.37-acre parcel and a parcel remainder without insisting that right-of-way be made at the time.City engineer Loren Culp said by doing so, it would allow the owner to sell the land."It can allow the owner to sell it," Culp said. "It in effect takes the burden from owner and puts the burden on any future owner."The most persistent questions coming from the commission was a set of conditions for the approval of the parcel expansion.City staff included a litany of public works conditions, including upgrading areas at Bataan and Norma, Bataan and Sierra View and Norma and Perch to comply with ADA standards.Commissioner Jim Sanders asked what the provisions had to do with land development."Any land division needs to comply to the American Disabilities Act," Culp said. "The city is also required to comply with ADA standards."Homeowners and developers are responsible for keeping any ramps near their property up to date, according to the city municipal code. This is usually enforced when building permits are filed and inspections by the city engineer are done.Mark Rowan from the engineering firm Merrell Johnson Company, representing church's administration in Salt Lake City, said that the requirements might cause the church to step back and reexamine matters like cost.The tentative parcel map is good for two years under California's Subdivision Map Act. While certain aspects of the conditions could be waived or modified by the city council if brought to them, the ADA standards would be required by law.A deal could also be made between the church administration and any potential developer down the road to mitigate costs.The commission voted unanimously to accept the plan as a parcel and parcel remainder, without a road dedication.Ham TowerThe commission entertained a discussion over the possibility of Ridgecrest resident Steven Rainey erecting a 55-foot amateur radio operator tower, and attaching a 15-foot antenna in the back of his Sierra Vista Street home.Sierra Vista Road is considered zoned for residential one types, and the maximum height allowed for any tower or structure is 35 feet."The reason why the city couldn't stamp it is because there is a limit of 35' maximum requirement," Alexander said in giving his report to the commission.Rainey said that he planned to have the tower lie flat on the ground and raised at certain times by means of a motorized crank when in use.Planning commission chair Craig Porter pointed out that under Federal Communication Commission rules governing ham towers that reasonable accommodations be made to local ham radio operators as it pertained to the city ordinance.Alexander recommended that the most reasonable course would be to allow for a conditional use permit. However, the commission cannot authorize a permit for such structures as the municipal code doesn't allow it.The planning commission can approve conditional use permits for items like a day care center operating in a residential zone.Commissioner Lois Beres asked if the tower could withstand high winds. Rainey said it was rated to withstand 100-mile-per-hour winds.Local ham radio operator Mike Herr testified that the need for a tower of that height depended on the various frequencies ham radio signals operated on. Lower ones relied on line-to-line sight.Higher towers allow frequencies to go much further. Herr said the advantage of ham operators is that they work with the community to relay messages during emergencies.All ham radio operators are required to be licensed by the FCC and go through exams. Their signals don't interfere with normal commercial broadcasts.Alexander recommended an item be submitted to council to change an ordinance allowing the planning commission to issue conditional use permits of that nature in all residential zoning areas.A conditional use permit would be useful as future applicants would be judged on a case-by-case basis for approval or denial.Alexander however cautioned that it would take three months for the ordinance to go from council back to planning commission before any permit could be approved. "So if this passed, would it be called the Rainey ordinance?" Rainey asked jokingly.Other itemsA request to have a 6-foot concrete wall approved for installation also reached the commission's table. Ridgecrest resident Eugene Benson asked that it be allowed. The residence he and his wife occupy is at the corner of Balsam and Las Flores, across from Home Depot.Currently ordinances for Balsam allow for only a 48-inch fence. There would be no problem on Las Flores, as ordinances allow for 7-foot high fences. There are certain requirements that the wall be set far enough back from the sidewalk to allow for drivers and pedestrians to have clear enough views for any turns.Alexander recommended that the commission consider a variance and asked that Benson fill out an application for that agreement. Culp gave an update on some of the ongoing road projects.Drummond Avenue is done, with all the check-marked items completed last week. Concrete work was done for Downs Street between Inyokern Road and Drummond will be completed Thursday and paving is expected to commence next week. Culp warned that there would be intermittent traffic delays during that time.Paving work on College Heights Boulevard is complete, with some striping and other items to be completed soon.

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